| Volume 839, Page 126 View pdf image |
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November Court
1723 126 Or persons in whose hands you make the same attachm.t that he she or they be & appear before the Justices of Our Said Court to be held as afd to shew Cause if any he she or they have why the same Goods Chattels Rights or Creditts so attached in his her or their hands Ought not to be Condemned and Execution thereof had and made according to the form of the act of assembly in that Case made & Provided if to him her or them it shall seem meete and how you shall Execute this writt that you make Known unto our Said Justices at the day and place afd and have you then and there this Writt Witness Charles Ballard Gentl: Chief Justice of our said Court the 24.th day of august in the Eighth Year of Our Dominion &c ann Dom 1723 (G Dashiell) Thomas Hayward Clk Att which said ^third^ tuesday of November to witt the Ninteenth day of the same month ann Dom one thousand seven hundred and twenty three Being the day of the return of the said Writt Cometh the said Thomas Dashiell by George Dashiell his attorney and the sherr of Somersett County afd to whom the foregoeing writt was directed Likewise Cometh and maketh return thereof to the Court here Endorst in these words following vizt To the worshipfull Justices within Mentioned I humbly Certifie that by vertue of the within Writt to me directed I have attached in the hands of John Pepper the sum of twelve hundred pounds of tobacco as the Rights and Creditts of the within Named Robert Perry and I further Certifie that I have Given Notice unto the said John Pepper that he be and appear at the time & place within Contained to shew Cause &c Before Mathew Hopkins and John Doe good and Lawfull men of my Bailywick as by the within Writt I am Commanded so answers Jos: MccClester Sherr Whereupon the afd John Pepper Garnishee of the afd Robert Perry appears in his Own proper person and says that he Cannot gainsay but that he has of the rights and Creditts of the said Robert Perry in his hands to the value of four Barrells and halfe of Indian Corn nor but the same ought to be Condemned in his hand for the use of the said Thomas Dashiell which the said plft does not Gainsay whereupon the said Thomas Dashiell by his attorney afd prays that upon Giveing Security according to act of assembly the afd four Barrells and halfe of Indian Corn may so as afd Confessed by the said John Pepper as of the rights and Creditts of the said Robert Perry may be Condemned in the hands of the said John Pepper towards satisfying unto the said Thomas Dashiell his damages afd as also all Costs accrueing upon the writt of attachm.t afd &c thereupon George Dashiell of Somersett County Gentl: present here in Court undertakes for the said Thomas Dashiell according to act of assembly that in Case the said Robert Perry doe at any time within a year and a day appear and make all or any part of the Claim of the said Thomas Dashiell appear to be satisfied or to have Been made before the Laying of this attachm.t that then he the said Thomas Dashiell shall make restitution unto the said Robert Perry of all or such part as shall be made appear to be undue &c or that he the said George Dashiell will do it for him &c Therefore it is Considered by the Justices here the Ninteenth day of November ann Dom One thousand seven hundred and twenty three that the said sum or quantity of four Barrells & a halfe of Indian Corn & so as afd Confessed be Condemned in the hands of the said Jno Pepper as of ye rights & Creditts of the said Robt Perry towards satisfying unto ye said Thomas Dashiell his damages afd as also all Costs accrueing upon ye writt of attachm.t afd & that ye said Thos Dashiell have his Ex.n thereof ag.t ye said Jno Pepper according to act of assembly &c |
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| Volume 839, Page 126 View pdf image |
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